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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Has anyone ever had to file a waiver after their interview? If so how did it go and how long was the process after the interview? I'm just curious because I know I will have to file a waiver for my fiancé since he was here illegally before

Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

It is posible to have an approval visa without using the waiver??, knowing that th person was ilegal?, someone had that experience?

It depends on the length of time they were unlawfully present. If they have a bar against them, then they will need a waiver to overcome it.

http://www.uscis.gov/sites/default/files/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html

(A) Section 212(a)(9)(B)(i) of the Act - The 3-Year and the 10-Year Bars . section 212(a)(9)(B)(i) is broken into two (2) sub-groups:

· Section 212(a)(9)(B)(i)(I) of the Act (3-year bar)

This provision renders inadmissible for three (3) years those aliens, who were unlawfully present for more than 180 days but less than one (1) year, and who departed from the United States voluntarily prior to the initiation of removal proceedings.

· Section 212(a)(9)(B)(i)(II) of the Act (10-year bar)

This provision renders inadmissible an alien, who was unlawfully present for one (1) year or more, and who seeks again admission within ten (10) years of the date of the alien’s departure or removal from the United States.

Both bars can be waived pursuant to section 212(a)(9)(B)(v) of the Act.

Edited by Jay-Kay

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

Has anyone ever had to file a waiver after their interview? If so how did it go and how long was the process after the interview? I'm just curious because I know I will have to file a waiver for my fiancé since he was here illegally before

The only way to file now is after the interview. Waivers are filed centrally in the United States, they are no longer filed by consulate abroad.

 
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